Can brother of plaintiff represent/advocate the case?
S Singh
(Querist) 23 August 2015
This query is : Resolved
My brother had filed a civil suit for seeking permanent injunction upon house property which is in our possession.
Since he had to go abroad for job, he made my mother as a Constituted Attorney (CA).
Thereafter he left for abroad.
My mother appointed a lawyer for the case.
The lawyer despite of taking huge advance sum in cash is asking for more money now and then.
We cannot afford his services anymore.
I have decided to fight my brother's case on my own.
For that please guide me how to get myself on record of the case, since my brother is the plaintiff, my mother is the Constituted Attorney.
I want to represent/advocate this case on my own.
How to do that?
Plz. guide.
Anirudh
(Expert) 23 August 2015
Your brother himself could have appeared in person and argued the case before the Court.
But you or his constituent attorney (Mother) cannot appear and argue the case before the Court. At best you can only submit any papers, applications etc., signed by the power of attorney (your mother) of your brother. But you will not be permitted to argue the matter, as you are neither a Party in person or an Advocate.
Therefore, since your brother who is a plaintiff is also not available in India, you certainly need the services of a lawyer, to argue the matter before the Court.
Rajendra K Goyal
(Expert) 23 August 2015
You can not appear in the court on behalf of your brother.
You have the option to change your lawyer.
M/s. Y-not legal services
(Expert) 24 August 2015
as per the code of conduct and ethics we not allowed to appear on behalf of our blood relatives..
S Singh
(Querist) 24 August 2015
If I also add myself as a plaintiff, then?
Is it possible to fight my case along since the subject matter is also affecting me since I am in possession of the house property?
Sudhir Kumar, Advocate
(Expert) 24 August 2015
YOU ARE NOW ASKING WHETHER YOU CAN JOIN THAT CASE.
YOU HAVE NOT STATED WHETHER YOU HAVE ANY STAKE IN THE PROPERTY AND WHAT IS THE CASE.
S Singh
(Querist) 24 August 2015
The property was actually purchased from the life savings of our parents.
Hence I am also entitled to this house property and in which I currently dwell also.
Yes I wan't to join the case.
R.K Nanda
(Expert) 25 August 2015
no more to add.
Sudhir Kumar, Advocate
(Expert) 25 August 2015
you are now stating that
"he property was actually purchased from the life savings of our parents.
Hence I am also entitled to this house property and in which I currently dwell also."
WHY ARE YOU GIVING FACTS ON INSTALLMENT BASIS
come out with all hidden facts.
